State v. Browder

Defendant appeals his convictions for robbery in the first degree (ORS 164.415) and kidnapping in the second degree (ORS 163.225) arising out of the same criminal episode. He contends that the in-court identification of him by the victim should have been suppressed. He also challenges the minimum sentences imposed pursuant to ORS 144.110(1) and 161.610. We affirm the convictions and remand for resentencing.

The court found that the out-of-court identification procedure used by the law enforcement officers was not impermissibly suggestive and that the in-court identification was proper. We…